If you’re a landlord looking to regain possession of your property in England under an Assured Shorthold Tenancy (AST), you may need to serve a Section 21 notice This legal notice is used to inform your tenants that you wish to regain possession of the property Here’s a step-by-step guide on how to serve a Section 21 notice properly.
Step 1: Understand the Requirements
Before serving a Section 21 notice, it’s crucial to ensure that you meet all the legal requirements These include:
– Ensuring that your tenants have received a copy of the property’s Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s ‘How to Rent’ guide.
– Depositing the tenant’s deposit in a government-approved tenancy deposit scheme.
– Providing your tenants with a valid AST agreement.
– Waiting for at least four months from the beginning of the tenancy before serving the Section 21 notice.
If you fail to meet any of these requirements, your Section 21 notice could be deemed invalid.
Step 2: Prepare the Notice
To serve a Section 21 notice, you will need to prepare a written notice The notice should include the following information:
– The address of the property.
– The name of the tenant(s).
– The date the notice is served.
– The date by which the tenants must vacate the property (at least two months from the date of service).
– A statement that the notice is served under Section 21 of the Housing Act 1988.
Make sure to keep a copy of the notice for your records.
Step 3: Serve the Notice
You can serve the Section 21 notice to your tenants in person or by post If serving it by post, it’s advisable to use recorded delivery to ensure that you have proof of service You can also deliver the notice by email, but only if your tenancy agreement allows for electronic communication.
Step 4: Consider the Type of Tenancy
If your tenancy agreement was created or renewed on or after October 1, 2015, you must use the prescribed form for serving a Section 21 notice This form is known as Form 6A and can be downloaded from the gov.uk website how to serve section 21 notice. Make sure to fill out the form accurately and provide all the required information.
Step 5: Check for Compliance
Before serving the Section 21 notice, double-check to ensure that you have complied with all the necessary requirements This includes verifying that the notice period is correct, the information provided is accurate, and the notice is served in the correct manner.
Step 6: Wait for the Notice Period to Expire
Once you have served the Section 21 notice, your tenants will have a minimum of two months to vacate the property During this time, you are not permitted to take any further action to evict your tenants If your tenants do not vacate the property voluntarily, you may need to seek a possession order from the court.
Step 7: Consider Seeking Legal Advice
If you encounter any difficulties during the process of serving a Section 21 notice or if your tenants refuse to vacate the property, it’s advisable to seek legal advice A solicitor who specializes in landlord and tenant law can provide you with expert guidance and assistance throughout the eviction process.
In conclusion, serving a Section 21 notice is a necessary step for landlords who wish to regain possession of their property under an AST By following the steps outlined above and ensuring that you comply with all the legal requirements, you can serve a Section 21 notice effectively and efficiently Remember to keep detailed records of the entire process to protect yourself in case of any disputes with your tenants.